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NAVY | DRB | 2003_Navy | ND03-00723
Original file (ND03-00723.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-FA, USN
Docket No. ND03-00723

Applicant’s Request
The application for discharge review was received on 20030320. The Applicant requests the reason for discharge be changed to “Convenience of the Gov’t.” The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040212. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/OTHER PHYSICAL/MENTAL CONDITIONS-PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “According to the “Notice of Notification” I signed, the reason for separation was to be “convenience of gov’t”. Until this year when I applied for the Post Office, I was unaware of this discrepancy. I never had an employer ask for my DD-214. I was having trouble staying focused onboard the Jack Williams, as my former wife was not only causing me problems, but she was having an affair w/one of my shipmates and my chain-of-command knew of this yet did nothing. (She was my wife at the time) He was an IC-man named B_ M_.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Fifteen pages from Applicant’s service record (some duplicates)
Applicant’s DD Form 214
Letter from Applicant, dated September 15, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     871104 - 880215  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 880216               Date of Discharge: 910301

 Length of Service (years, months, days):

         Active: 03 00 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12 ½ / 13                 AFQT: 99

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.04 (5)    Behavior: 3.22 (5)                OTA: 3.15

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, Letter of Appreciation

 Days of Unauthorized Absence: 17

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

880823:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1630-2015, 880812, violation of UCMJ, Article 107: Intent to deceive on 880812..
         Award: Restriction for 10 days, reduction to FA. No indication of appeal in the record.
891124:  NJP for violation of UCMJ, Article 107: False official statements on 891115, violation of UCMJ, Article 92: Failure to obey a lawful order on 891115.
         Award: Restriction for 60 days, reduction to FA. Reduction suspended for 6 months. No indication of appeal in the record.
901101:  Applicant referred for psychiatric evaluation. Assessment: Personality disorder with passive aggressive/borderline features.

 901123:  Applicant to unauthorized absence 0720, 901123.

 901210:  Applicant from unauthorized absence 1415, 901110 (17 days/surrendered).
901212:  Medical officer statement: Applicant diagnosed with a personality disorder, antisocial type, severe. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others. [Extracted from supporting documents submitted by the Applicant.]
910118:  Applicant hospitalized.

 910122:  Applicant released from hospital. Discharge diagnosis: Personality disorder – antisocial.
910128:  Medical entry: Assessment/diagnosis: Personality disorder-Antisocial.

 910219:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. [Extracted from supporting documents submitted by the Applicant.]
910219:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from supporting documents submitted by the Applicant.]
910301:  Applicant discharged.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910301 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

Issue 1. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He was diagnosed by qualified medical officers as possessing a disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Board did note an administrative error on the applicant's DD Form 214, Block 28, Narrative Reason for Separation that indicates he was separated for Misconduct – Pattern of Misconduct. The Narrative Reason for Separation should read: “Other physical/mental conditions – personality disorder. The Board notified the Commander, Naval Personnel Command, Millington, TN and recommended the DD Form 214 be corrected or reissued. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. Relief denied.

The following is provided for the edification of the Applicant. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 14, effective
22 Dec 90 until 14 Aug 91, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B. Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective
12 Oct 90 until 14 Aug 91, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.
The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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